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(영문) 제주지방법원 2017.07.07 2017고단719
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 2, 2017, the Defendant is a person who is engaged in driving D-A-A-A-A-A-A-A-A-A-A-A-A-A-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U.

In this case, the defendant, who is engaged in driving duty, has a duty of care to prevent accidents in advance and safely drive the motor vehicle by failing to drive the motor vehicle under the condition that it is unlikely to drive the motor vehicle normally due to the influence of disease, etc.

Nevertheless, the Defendant neglected this and proceeded with the front part of the Fa half of the car driving in the direction of the Defendant’s proceeding and the opposite direction due to the negligence of driving the car beyond the center line installed at the same place while driving the car as it is, and the front part of the car driving in the Fa half of the age of 52.

The Defendant caused the death of the victim due to the long-term damage to the Damsung on February 13, 2017, while treating the victim at Jeju University Hospital by negligence in the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual condition and an accident scene photograph;

1. Application of Acts and subordinate statutes to death diagnosis certificates and photographs of deceased persons;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

1. The scope of the recommended punishment according to the sentencing guidelines and the scope of the ordinary traffic accidents shall be limited to the mitigated area (from April to one year) (including special mitigation persons), the punishment of which is not limited (including serious efforts to recover damage);

2. The determination of sentence that the defendant acknowledges and reflects the crime, that the bereaved family members do not want the punishment of the defendant, and that damage the owner of the damaged vehicle.

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